Timeline and List of U.S. Immigration Actions on COVID-19

Post last updated April 10, 2020

The United States government has taken extreme actions to limit travel to the United States during the COVID-19 outbreak. Currently, the government has suspended nearly all legal immigration and travel to the United States and paused most legal immigration applications from immigrants inside the United States as well. It has reduced interior immigration enforcement, deportation court cases, and stopped deportations to three countries.

Below is a list of the dates of each action that it has taken, details of the action, and their effective dates. While the government is correct to reduce unnecessary travel at this time, it should not completely close off immigration because many immigrants are serving important roles in combating this epidemic. This post concludes with proposed actions that the government is considering.

COVID-19 Immigration Actions

1. 1/31/20, China ban—Presidential proclamation 9984
   • Bans entry of all noncitizens who were in China in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by the Secretary of State or DHS.
   • Requires quarantining of people who may have been exposed to the virus.
   • Effective February 2, 2020.
2. 1/31/20, China U.S. citizen quarantine—DHS and HHS joint announcement
   • Mandatory quarantine for any U.S. citizen who was in Hubei, China in the prior 14 days.
   • Screening and self-quarantine for any U.S. citizen who was in China in the prior 14 days.
   • Effective February 2, 2020.
3. 1/31/20, China flight rules—federal register notice
   • Requires flights carrying anyone who had been in China in the last 14 days to land at one of eight airports for screening.
   • Effective February 2, 2020.
4. 2/1/20, China visa suspension—embassy notice
   • State Department announces a total closure in China until February 7, 2020.
   • Effective February 3, 2020.
5. 2/2/20, Updated China flight rules—federal register notice
   • Requires flights carrying anyone who had been in China in the last 14 days to land at one of 11 airports for screening.
   • Effective February 2, 2020.
6. 2/10/20, China visa suspension 2.0—embassy notice
   • State Department announces suspension of regular visa processing in Chengdu, Guangzhou, Shanghai and Shenyang.
   • Effective February 10, 2020.
7. 2/29/20, Iran ban—Presidential proclamation 9992
   • Bans entry of all noncitizens who were in Iran in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by the Secretary of State or DHS.
   • Requires quarantining of people who may have been exposed to the virus.
   • Effective March 2, 2020.
8. 3/3/20, Seattle court closure—EOIR announcement
   • The Executive Office of Immigration Review (EOIR) closes Seattle immigration court after an employee tested positive for COVID-19.
   • Effective March 2, 2020.
9. 3/4/20, Iran flight rules—federal register notice
   • Requires flights carrying anyone who had been in Iran in the last 14 days to land at one of 11 airports for screening.
   • Effective: Retroactive March 2, 2020.
10. 3/9/20, Student visa flexible study—ICE guidance
    • ICE announces that it “intends to be flexible with temporary adaptations” to COVID-19 for students and OPT workers, including telework or remote classrooms.
    • Effective March 9, 2020.
11. 3/10/20, UAC placement state restrictions—ORR internal decision
    • The Office of Refugee Resettlement (ORR) stops placing unaccompanied alien children (UACs) in homes or shelters in California or Washington.
    • Effective March 10, 2020.
12. 3/11/20, Europe ban—Presidential Proclamation 9993
    • Bans entry of all noncitizens who were in the European Schengen Area in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by State Department or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective March 13, 2020.
13. 3/12/20, Italy visa suspension—embassy notice
    • State Department suspends regular visa processing at the U.S. Embassy in Rome and Consulates General Milan, Naples, and Florence.
    • Effective March 12, 2020.
14. 3/13/20, Public charge rule limited—USCIS notice
    • USCIS announces it “will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as part of a public charge inadmissibility determination… even if such treatment is provided or paid for by one or more public benefits.”
15. 3/14/20, Britain and Ireland ban—Presidential Proclamation 9994
    • Bans entry of all noncitizens who were in Britain or Ireland in the last 14 days, except for LPRs, spouses of LPRs or U.S. citizens, unmarried children under 21, siblings under 21 of U.S. citizens or LPRs under 21, child of U.S. citizens or LPRs, crewmembers, government officials, or those exempted by State Department or DHS.
    • Requires quarantining of people who may have been exposed to the virus.
    • Effective March 16, 2020.
16. 3/15/20, Sick removals suspended—ICE statement
    • ICE states it would stop deportations of anyone with a 100.4-degree fever.
    • Effective March 15, 2020 or earlier.
17. 3/16/20, Britain and Ireland flight rules—federal register notice
    • Requires flights carrying anyone who had been in Britain and Ireland in the last 14 days to land at one of 13 airports for screening.
    • Effective March 16, 2020.
18. 3/17/20, ICE in-person check-ins cancelled—ICE letter to Congress
    • ICE suspends in-person check-ins by immigrants considered a “low priority” for removal and ICE would give newly released immigrants at the border 60 days to check-in rather than 30.
    • Effective March 17, 2020.
19. 3/17/2020, Guatemala suspends asylum deal—Guatemala government notice
    • Guatemala refuses to continue to accept asylum seekers from other countries.
    • Effective March 17, 2020.
20. 3/17/20, Europe flight rules—federal register notice
    • Requires flights carrying anyone who had been in the European Schengen Area in the last 14 days to land at one of 13 airports for screening.
    • Effective March 13, 2020.
21. 3/17/20, Immigration court closures—EOIR statement
    • The Executive Office of Immigration Review postpones all hearings for non-detained immigrants and closed 10 additional courts.
    • Effective March 18, 2020.
22. 3/17/20, USCIS in-person interviews suspended—USCIS statement
    • U.S. Citizenship and Immigration Services suspends routine in-person services until at least April 1.
    • Effective March 18, 2020.
23. 3/18/20, Worldwide visa suspension—State Department notice
    • State Department cancels routine immigrant and nonimmigrant visa appointments, effectively prohibiting new authorizations to travel to the United States. Only emergency appointments will be allowed.
    • Effective March 18, 2020.
24. 3/18/20, ICE enforcement restrictions—ICE statement
    • ICE suspends arrests of those who are not “public safety risks or individual subject to mandatory detention based on criminal grounds.” Deputy Secretary Ken Cuccinelli has clarified that some non-priority arrests will still occur.
    • Effective March 18, 2020.
25. 3/18/20, ICE removals limited—ICE statement
    • ICE told CNN that it suspends removal flights to Italy, China, and South Korea indefinitely.
    • Effective March 18, 2020 or earlier
26. 3/18/20, CBP Trusted Traveler closures—CBP statement
    • CBP closes operations at Trusted Traveler Program enrollment centers nationwide until at least May 1, 2020.
    • Effective March 19, 2020.
27. 3/18/20, Refugee entry suspension—State Department announcement
    • All refugee resettlement pauses until at least April 6, 2020.
    • Effective March 19, 2020.
28. 3/19/20, H-2 visas processed—State Department Statements
    • The State Department resumed processing H-2A and H-2B visas, despite its suspension of most visa processing. It could be limited to returning workers who can have a visa interview waived.
    • Effective March 19, 2020 or earlier.
29. 3/20/20, Voluntary returns of Mexicans—Statements
    • Border Patrol stops expedited removals of Mexicans—which trigger a permanent bar on reentry—and allows them to take voluntary removal to avoid any time in detention.
    • Effective March 20, 2020 or earlier.
30. 3/20/20, Canada tourist ban—DHS statement
    • Bars all Canadian visa waiver program travelers for 30 days.
    • Effective March 21, 2020
31. 3/20/20, Mexico tourist ban—DHS statement
    • Bars all Mexican tourists bars travelers for 30 days
    • Effective March 21, 2020
32. 3/20/20, Asylum seeker ban—DHS statement
    • Removes without any process anyone without documents detained along the southwest border to Mexico or to their home country.
    • Effective March 21, 2020.
33. 3/20/20, I-9 In-Person Document Check Suspension—ICE statement
    • Waives the requirement to inspect employment ID documents in-person for 60 days but only for remote workers
    • Effective March 20, 2020
34. 3/23/20, Varick Immigration Court Temporarily Closed—EOIR statement
    • Executive Office of Immigration Review (EOIR) closes the Varick Street New York City immigration court after a case of COVID-19.
    • Effective March 24, 2020
35. 3/23/20, MPP Hearings Postponed—EOIR/DHS Statement
    • The Executive Office of Immigration Review (EOIR) postpones all hearings for immigrants returned to Mexico under the Migrant Protection Protocol (MPP).
    • Effective date March 23, 2020
36. 3/24/20, Varick Immigration Court Reopened—Statement
    • Executive Office of Immigration Review (EOIR) reopens the Varick Street New York City immigration court after a case of COVID-19 on March 23.
    • Effective March 25, 2020
37. 3/24/20, Electronic Labor Certification Approvals—DOL Statement
    • The Department of Labor (DOL) announced that it would issue PERM labor certification documents electronically through June 30.
    • Effective March 25, 2020
38. 3/25/20, Elizabeth Immigration Court Closed—EOIR Statement
    • Executive Office of Immigration Review (EOIR) closes the Elizabeth New Jersey immigration court after a case of COVID-19.
    • Effective March 26, 2020
39. 4/10/20, President Memorandum on Visa Sanctions
    President Trump issued a memorandum directing the Secretary of State to impose visa sanctions pursuant to section 243(d) of the INA on any foreign country that denies or delays the acceptance of its citizens, subjects, nationals, or residents after being asked to accept them, and if such denial or delay is impeding DHS operations necessary to respond to the ongoing COVID-19 pandemic.

Proposed Immigration Actions

3/18/20, H-2B decrease—Statements

• Would reverse the announced increase of 35,000 H-2B visas for seasonal nonagricultural jobs.
• Effective date uncertain.

3/18/20, EB-5 increase—Statements

• Would increase the number of immigrant investor green cards from 10,000 to 75,000 and decrease investment amounts to $450,000 and $900,000.
• Effective date: Not applicable as Congress must approve.

3/23/20, Extensions of Work Authorizations—House Bill

• House Democrats’ bill (H.R.6379 – Take Responsibility for Workers and Families Act) would automatically extend the status and work authorization of all nonimmigrants or DACA recipients for the same length as the original period
• Effective date of enactment of bill

3/23/20, Waivers of All In-Person Requirements—House Bill

• House Democrats’ bill (H.R.6379 – Take Responsibility for Workers and Families Act) would “temporarily suspend or modify any procedural requirement with which an applicant, petitioner, or other person or entity must otherwise comply” affected by the COVID-19 crisis
• Effective date of enactment of bill

Source: https://www.aila.org/advo-media/issues/all/covid-19 and https://www.cato.org